18 U.S.C. § 3600 : US Code - Section 3600: DNA testing

Search 18 U.S.C. § 3600 : US Code - Section 3600: DNA testing

(a) In General. - Upon a written motion by an individual under a
sentence of imprisonment or death pursuant to a conviction for a
Federal offense (referred to in this section as the "applicant"),
the court that entered the judgment of conviction shall order DNA
testing of specific evidence if the court finds that all of the
following apply:
(1) The applicant asserts, under penalty of perjury, that the
applicant is actually innocent of -
(A) the Federal offense for which the applicant is under a
sentence of imprisonment or death; or
(B) another Federal or State offense, if -
(i) evidence of such offense was admitted during a Federal
death sentencing hearing and exoneration of such offense
would entitle the applicant to a reduced sentence or new
sentencing hearing; and
(ii) in the case of a State offense -
(I) the applicant demonstrates that there is no adequate
remedy under State law to permit DNA testing of the
specified evidence relating to the State offense; and
(II) to the extent available, the applicant has exhausted
all remedies available under State law for requesting DNA
testing of specified evidence relating to the State
offense.
(2) The specific evidence to be tested was secured in relation
to the investigation or prosecution of the Federal or State
offense referenced in the applicant's assertion under paragraph
(1).
(3) The specific evidence to be tested -
(A) was not previously subjected to DNA testing and the
applicant did not -
(i) knowingly and voluntarily waive the right to request
DNA testing of that evidence in a court proceeding after the
date of enactment of the Innocence Protection Act of 2004; or
(ii) knowingly fail to request DNA testing of that evidence
in a prior motion for postconviction DNA testing; or
(B) was previously subjected to DNA testing and the applicant
is requesting DNA testing using a new method or technology that
is substantially more probative than the prior DNA testing.
(4) The specific evidence to be tested is in the possession of
the Government and has been subject to a chain of custody and
retained under conditions sufficient to ensure that such evidence
has not been substituted, contaminated, tampered with, replaced,
or altered in any respect material to the proposed DNA testing.
(5) The proposed DNA testing is reasonable in scope, uses
scientifically sound methods, and is consistent with accepted
forensic practices.
(6) The applicant identifies a theory of defense that -
(A) is not inconsistent with an affirmative defense presented
at trial; and
(B) would establish the actual innocence of the applicant of
the Federal or State offense referenced in the applicant's
assertion under paragraph (1).
(7) If the applicant was convicted following a trial, the
identity of the perpetrator was at issue in the trial.
(8) The proposed DNA testing of the specific evidence may
produce new material evidence that would -
(A) support the theory of defense referenced in paragraph
(6); and
(B) raise a reasonable probability that the applicant did not
commit the offense.
(9) The applicant certifies that the applicant will provide a
DNA sample for purposes of comparison.
(10) The motion is made in a timely fashion, subject to the
following conditions:
(A) There shall be a rebuttable presumption of timeliness if
the motion is made within 60 months of enactment of the Justice
For All Act of 2004 or within 36 months of conviction,
whichever comes later. Such presumption may be rebutted upon a
showing -
(i) that the applicant's motion for a DNA test is based
solely upon information used in a previously denied motion;
or
(ii) of clear and convincing evidence that the applicant's
filing is done solely to cause delay or harass.
(B) There shall be a rebuttable presumption against
timeliness for any motion not satisfying subparagraph (A)
above. Such presumption may be rebutted upon the court's
finding -
(i) that the applicant was or is incompetent and such
incompetence substantially contributed to the delay in the
applicant's motion for a DNA test;
(ii) the evidence to be tested is newly discovered DNA
evidence;
(iii) that the applicant's motion is not based solely upon
the applicant's own assertion of innocence and, after
considering all relevant facts and circumstances surrounding
the motion, a denial would result in a manifest injustice; or
(iv) upon good cause shown.
(C) For purposes of this paragraph -
(i) the term "incompetence" has the meaning as defined in
section 4241 of title 18, United States Code;
(ii) the term "manifest" means that which is unmistakable,
clear, plain, or indisputable and requires that the opposite
conclusion be clearly evident.
(b) Notice to the Government; Preservation Order; Appointment of
Counsel. -
(1) Notice. - Upon the receipt of a motion filed under
subsection (a), the court shall -
(A) notify the Government; and
(B) allow the Government a reasonable time period to respond
to the motion.
(2) Preservation order. - To the extent necessary to carry out
proceedings under this section, the court shall direct the
Government to preserve the specific evidence relating to a motion
under subsection (a).
(3) Appointment of counsel. - The court may appoint counsel for
an indigent applicant under this section in the same manner as in
a proceeding under section 3006A(a)(2)(B).
(c) Testing Procedures. -
(1) In general. - The court shall direct that any DNA testing
ordered under this section be carried out by the Federal Bureau
of Investigation.
(2) Exception. - Notwithstanding paragraph (1), the court may
order DNA testing by another qualified laboratory if the court
makes all necessary orders to ensure the integrity of the
specific evidence and the reliability of the testing process and
test results.
(3) Costs. - The costs of any DNA testing ordered under this
section shall be paid -
(A) by the applicant; or
(B) in the case of an applicant who is indigent, by the
Government.
(d) Time Limitation in Capital Cases. - In any case in which the
applicant is sentenced to death -
(1) any DNA testing ordered under this section shall be
completed not later than 60 days after the date on which the
Government responds to the motion filed under subsection (a); and
(2) not later than 120 days after the date on which the DNA
testing ordered under this section is completed, the court shall
order any post-testing procedures under subsection (f) or (g), as
appropriate.
(e) Reporting of Test Results. -
(1) In general. - The results of any DNA testing ordered under
this section shall be simultaneously disclosed to the court, the
applicant, and the Government.
(2) NDIS. - The Government shall submit any test results
relating to the DNA of the applicant to the National DNA Index
System (referred to in this subsection as "NDIS").
(3) Retention of dna sample. -
(A) Entry into ndis. - If the DNA test results obtained under
this section are inconclusive or show that the applicant was
the source of the DNA evidence, the DNA sample of the applicant
may be retained in NDIS.
(B) Match with other offense. - If the DNA test results
obtained under this section exclude the applicant as the source
of the DNA evidence, and a comparison of the DNA sample of the
applicant results in a match between the DNA sample of the
applicant and another offense, the Attorney General shall
notify the appropriate agency and preserve the DNA sample of
the applicant.
(C) No match. - If the DNA test results obtained under this
section exclude the applicant as the source of the DNA
evidence, and a comparison of the DNA sample of the applicant
does not result in a match between the DNA sample of the
applicant and another offense, the Attorney General shall
destroy the DNA sample of the applicant and ensure that such
information is not retained in NDIS if there is no other legal
authority to retain the DNA sample of the applicant in NDIS.
(f) Post-Testing Procedures; Inconclusive and Inculpatory
Results. -
(1) Inconclusive results. - If DNA test results obtained under
this section are inconclusive, the court may order further
testing, if appropriate, or may deny the applicant relief.
(2) Inculpatory results. - If DNA test results obtained under
this section show that the applicant was the source of the DNA
evidence, the court shall -
(A) deny the applicant relief; and
(B) on motion of the Government -
(i) make a determination whether the applicant's assertion
of actual innocence was false, and, if the court makes such a
finding, the court may hold the applicant in contempt;
(ii) assess against the applicant the cost of any DNA
testing carried out under this section;
(iii) forward the finding to the Director of the Bureau of
Prisons, who, upon receipt of such a finding, may deny,
wholly or in part, the good conduct credit authorized under
section 3632 on the basis of that finding;
(iv) if the applicant is subject to the jurisdiction of the
United States Parole Commission, forward the finding to the
Commission so that the Commission may deny parole on the
basis of that finding; and
(v) if the DNA test results relate to a State offense,
forward the finding to any appropriate State official.
(3) Sentence. - In any prosecution of an applicant under
chapter 79 for false assertions or other conduct in proceedings
under this section, the court, upon conviction of the applicant,
shall sentence the applicant to a term of imprisonment of not
less than 3 years, which shall run consecutively to any other
term of imprisonment the applicant is serving.
(g) Post-Testing Procedures; Motion for New Trial or
Resentencing. -
(1) In general. - Notwithstanding any law that would bar a
motion under this paragraph as untimely, if DNA test results
obtained under this section exclude the applicant as the source
of the DNA evidence, the applicant may file a motion for a new
trial or resentencing, as appropriate. The court shall establish
a reasonable schedule for the applicant to file such a motion and
for the Government to respond to the motion.
(2) Standard for granting motion for new trial or resentencing.
- The court shall grant the motion of the applicant for a new
trial or resentencing, as appropriate, if the DNA test results,
when considered with all other evidence in the case (regardless
of whether such evidence was introduced at trial), establish by
compelling evidence that a new trial would result in an acquittal
of -
(A) in the case of a motion for a new trial, the Federal
offense for which the applicant is under a sentence of
imprisonment or death; and
(B) in the case of a motion for resentencing, another Federal
or State offense, if evidence of such offense was admitted
during a Federal death sentencing hearing and exoneration of
such offense would entitle the applicant to a reduced sentence
or a new sentencing proceeding.
(h) Other Laws Unaffected. -
(1) Post-conviction relief. - Nothing in this section shall
affect the circumstances under which a person may obtain DNA
testing or post-conviction relief under any other law.
(2) Habeas corpus. - Nothing in this section shall provide a
basis for relief in any Federal habeas corpus proceeding.
(3) Not a motion under section 2255. - A motion under this
section shall not be considered to be a motion under section 2255
for purposes of determining whether the motion or any other
motion is a second or successive motion under section 2255.